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01-08-2013 (City Council) Minutes _Mt Wylie City Council CITY OF WYLIE g Minutes Wylie City Council Meeting Tuesday, January 8, 2013 — 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 Pro Tern Kathy Spillyards called the meeting to order at 6:02 p.m. City Secretary Ehrlich took roll call with the following City Council members present: Mayor Eric Hogue (arrived at 6:10 p.m.), Councilwoman Diane Culver, Councilman Rick White, Councilman David Goss, Councilman Bennie Jones, and Councilman Nathan Scott. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Linda Bantz; Fire Chief, Randy Corbin; City Engineer, Chris Hoisted; Planning Director, Renae' 011ie; Police Chief, John Duscio; WEDC Executive Director, Sam Satterwhite; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Pastor Kathryn Strempke, Wylie United Methodist Church, gave the invocation and Councilman White let the Pledge of Allegiance. PRESENTATIONS • Presentation regarding Delinquent Property Tax Collections and Future Services. (Linebarger Goggan Blair & Sampson, LLP) Edward Lopez Jr., partner; Nancy Primeaux, Regional Manager; Peggy McCormick, Operations Manager; and Sophronia Johnson, Fines and Fees Project Manager, representing Linebarger, Goggan, Blair & Simpson, LLP gave a short presentation regarding the status of delinquent property tax collections for 2012. Representatives of Linebarger, Goggin Blair & Sampson, LLP gave a presentation regarding other collection services provided by the firm including Municipal Court & Utility Billing for fines & fees collections. The firm indicated they had represented the City for many years in property tax collection and would like to service the City for utility and municipal court collections. Nancy Primo indicated the firm had over 400 school districts, counties and cities they serviced for collections. She reported the firm utilized the same finance software as the City, Incode, and were willing to upgrade the software to include the collections piece which would allow both the City and the firm to track collections. This upgrade would be paid for by the firm. Minutes January 8, 2013 Wylie City Council Page 1 Direction from council was for staff to meet with the firm regarding contracting with the firm of Linebarger Goggan Blair& Sampson, LLP for utility and municipal court collections. 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. There were no citizens present 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 December 11, 2012 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the City of Wylie Monthly Investment Report for November 30,2012. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for November 30, 2012. (L. Bantz, Finance Director) D. Consider, and act upon, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of November 30, 2012. (S. Satterwhite, WEDC Director) E. Approve Ordinance No 2013-01 amending Ordinance No. 2012-27 for the purpose of appropriating funds to an expenditure account to complete the Public Works construction project. (J. Butters, Asst. City Manager) F. Consider, and act upon, Resolution No. 2013-01(R) establishing a public newspaper of general circulation to be the "Official Newspaper" for the City of Wylie and further designating a secondary newspaper for notices requiring specific legal requirements. (C. Ehrlich, City Secretary) G. Consider, and act upon, Resolution No. 2013-02(R) of the City Council of the City of Wylie, Texas, authorizing the Wylie Economic Development Corporation to obtain a $1,400,000 loan from The American National Bank of Texas. (S. Satterwhite, WECD Director) H. Consider, and act upon, approval of Ordinance No. 2013-02 amending Section 110-89 (Turning at Intersection) of Article III (Operation of Vehicles) of Chapter 110 (Traffic and Vehicles) of Part II of the Wylie Code of Ordinances to establish a right turn only lane for southbound traffic on Westgate Way at the FM 544 intersection during the hours of 6:00 am to 9:00 am Monday thru Friday. (C. Holsted, City Engineer) Minutes January 8, 2013 Wylie City Council Page 2 Mayor Hogue requested that Items E and F be removed from the consent agenda to be considered individually. Consensus of the council was to remove and consider individually. Council Action A motion was made by Councilman White, seconded by Councilman Goss to approve Items A, B, C, D, G, and H of the consent agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA E. Approve Ordinance No. 2013-01 amending Ordinance No. 2012-27 for the purpose of appropriating funds to an expenditure account to complete the Public Works construction project. (J. Butters, Asst. City Manager) Mayor Hogue asked Assistant City Manager Butters to explain why the parking area addition was being requested. ACM Butters reported the estimated parking for the project was reviewed early on in the construction process and approved; however, after moving into the building the parking was not sufficient for employees and visitors. The additional 20 spaces with sidewalk will allow employees to park on the side of the building and the public to have parking access in the front of the building. Mayor Hogue commented that the public was currently parking on Hensley Street; would the additional parking eliminate the parking on the roadway. ACM Butters replied that it would ease the parking. City Manager Manson explained to eliminate the parking on Hensley completely; an ordinance would need to be provided to prohibit parking on one or both sides of Hensley. Council Action A motion was made by Councilwoman Culver, seconded by Mayor Pro Tem Spillyards to approve Ordinance No. 2012-27 for the purpose of appropriating funds to an expenditure account to complete the Public Works construction project. A vote was taken and the motion passed 7-0. F. Consider, and act upon, Resolution No. 2013-01(R) establishing a public newspaper of general circulation to be the "Official Newspaper" for the City of Wylie and further designating a secondary newspaper for notices requiring specific legal requirements. (C. Ehrlich, City Secretary) Mayor Hogue asked City Secretary Ehrlich why a second paper for specific legal requirements was needed if after speaking with the Wylie News publisher, the notice was published in the Sachse and Murphy papers as well as the Wylie News, and is offered to residents in all three counties. Mayor Hogue asked if the secondary paper could be removed. Councilman Goss asked City Secretary Ehrlich to explain why in some cases the two publications were required. City Secretary Ehrlich explained that in rare cases where "publication in all three counties" was required, the attorney's office had recommended that a second publication be provided to show good faith in publishing notices. She explained that these cases were few and far between and gave the example of the thoroughfare fees which require papers that are circulated in all counties of the City. She noted that the secondary paper did not have to be part of the resolution instead the official paper could be designed in the resolution and staff could publish notices on a case by case basis. Mayor Hogue commented that he wished the Wylie News to be the Official Newspaper of the City and for no other secondary paper to be listed. Councilman Goss asked if hypothetically a paper was not in existence in the City would that recluse the City from having to have an official paper. City Secretary Ehrlich replied that if there was not a paper of general circulation in the City, the City would be required to publish in a paper outside the City that had general circulation within the City. She noted that this requirement is part of the Home Rule Charter of Minutes January 8, 2013 Wylie City Council Page 3 the City. Council Action A motion was made by Councilwoman Culver, seconded by Councilman Scott to approve Resolution No. 2013-01(R) establishing the Wylie News to be the Official Newspaper for the City of Wylie and further designating a secondary newspaper for notices requiring specific legal requirements. A vote was taken and the motion passed 5-2 with Councilman Goss, Councilman Scott, Councilman Jones, Councilman White and Councilwoman Culver voting for and Mayor Hogue and Mayor Pro Tern Spillyards voting against. Public Hearing 1. Hold a Public Hearing and consider, and act upon, amending the zoning from Agricultural District (AG/30) to Planned Development/Single-Family (PD-SF) on approximately 52.631 acres generally located south of S.H. 78, east of Wylie East Drive and north of Wylie East H.S. ZC 2012-10. (R. 011ie, Planning& Zoning Director) Staff Comments Planning Director 011ie addressed council stating that the request is to allow a minimum lot size of 5,500 s.f. and to provide innovative design elements and amenities as part of an overall theme for "Lewis Ranch" Subdivision. The current Zoning Ordinance requires a minimum lot size is 10,000 s.f. and minimum dwelling size is 2,400 s.f., with a minimum lot width of 75' and lot depth of 100'. The proposed zoning case reflects a minimum lot width of 50' and a minimum lot depth of 100'. 011ie stated the square footage of under roof dwelling sizes will be percentage base: 10% of lots 1,750 25% of lots 1,850 30% of lots 2,000 35% of lots 2,400 011ie reported the applicant provided a presentation to the Commission outlining some of the upgrades that will be a part of the standard interior designs, including but not limited to granite countertops, upgraded garages, and a starting price of $250,000. Bloomfield Homes will be the builder on record for the overall development. Current Park dedication standards require that each residential development dedicate a minimum of 5 acres per 100 lots or fees in lieu of. The proposed Lewis Ranch has 216 lots on 52.98 acres or 4.07 lots per acre. The minimum parkland dedication required, in terms of acreage, would be 10.8 acres. Corresponding funds in lieu of land would be assessed at $2,000 per lot, for total funds due of $432,000.00. The applicant proposes to dedicate 9.17 acres including but not limited to 3,200 L.F. of hike and bike trails. An 8' wide trail, with a 6' wide trail in front of dwellings will be installed to achieve a link with the City trails system. Open space areas will include a pavilion, tot lot, benches, tables, and a fishing dock. 011ie noted the applicant will install $372,512 in park improvements, including engineering cost and clearing. The developer's proposed combination of land and improvements exceeds the minimum parkland dedication requirements. The Parks Board recommended approval of the Parks Plan with none opposing. 011ie reported the Planning and Zoning Commission voted 6-0 to recommend approval with the following stipulation being added to Section C.10 Garage Entry: garage doors shall have an upgraded cedar wood grain pattern finish with carriage hardware installed. Minutes January 8, 2013 Wylie City Council Page 4 Council Discussion Councilwoman Culver addressed the council stating, for the record, she had attended the planning and zoning meeting regarding this development and during her discussion inadvertently changed from "I" to "we" which could be construed to mean she was speaking for the council. She stated that she wanted to apologize for the wording and in no way was speaking for the council; her comments were her opinions only. She offered to allow council to send the item back to planning and zoning if that was their desire so she could state this to the commission. Councilman Goss addressed the council stating that he accepted Councilwoman Culver's apology but since the comments had been made, he requested that the item go back to the commission as one of the commissioners had addressed him concerning this issue. Councilwoman Culver asked that planning and zoning member Gilbert Tamez, Sr., who was present in the audience, comment on the issue. Commissioner Tamez addressed the council stating that he did not hear the change from "I" to "we" and it had no bearing on his recommendation. Planning Director 011ie addressed council stating that she had not received any negative comments from commissioners regarding the discussion during the planning and zoning meeting. Public Hearing Mayor Hogue opened the public hearing on Zoning Case 2012-10 at 6:51 p.m. asking anyone present wishing to address council to come forward. No one was present to address council for Zoning Case 2012-10. Mayor Hogue closed the public hearing at 6:51 p.m. Council Discussion Mayor Hogue asked the council how they wanted to move forward regarding approval of the item or sending it back to the commission as requested by Councilman Goss. Councilman Jones stated that after hearing comments by Commissioner Tamez and Planning Director 011ie he felt the council should move forward with consideration of the item. Councilman Goss stated that he would yield to the council regarding the issue. Mayor Pro Tem Spillyards, Councilman White, and Councilman Scott stated they wished to consider the item. Consensus of the council was to move forward and consider the item. Developer Jim Douglas, representing Douglas Properties, addressed council providing a short presentation of the actual design of the development. Mayor Hogue asked Mr. Douglas to confirm that a 1,750 square foot home would have a price point of at least $250,000. Mr. Douglas replied yes it would with all the standard amenities that would be provided. Mr. Douglas noted if the council was concerned with the 1,750 minimum it could be omitted. Mayor Hogue asked if the garage doors would be cedar wood. Mr. Douglas replied that all garage doors would be cedar wood at construction but the commission had asked if a homeowner could replace the door with an optional cedar grain look. Councilman Scott stated that he went on Bloomfield Homes website and found that in other developments inventory there showed 60% of homes under $250,000. Mr. Douglas explained that depending on the cities in which the homes were placed, different price points were being offered. He explained these were different than the developments in Plano and what would be constructed in Wylie. Councilman Scott stated that he had concerns with changing zoning in the proposed PD, from 75 feet to 50 ft. He noted, lot size can be argued all day long but he didn't feel people would want to spend that much money and be sitting on top of each other. Councilwoman Culver commented that lot size was not a factor in the cost of a home; rather the upgrades and amenities of the home and development would set the price point. She noted that these homes at the price point starting at$250,000 would benefit the City and not be a burden on the City. Councilman Goss asked if the developer would be required to build the two lane highway from Wylie East to SH 78. City Engineer Hoisted stated that the developer was required to give the right-of-way but was not required to build the road; homeowners would pay impact fees for construction of the road. He noted Minutes January 8, 2013 Wylie City Council Page 5 there could be discussion with the developer to see if he would build the road for impact fee credit. Councilman Goss stated that if the fence was constructed, the road would need to be built and sidewalks added as the road was heavily traveled. Mr. Douglas stated that this construction would more than likely not start for at least two to three years. He noted that he was working with City Engineer Hoisted and would continue to do so. He stated that he would work with the City regarding the road and if the City was not prepared to construct the road Douglas Properties would do so in exchange for impact fee credits. City Manager Manson explained that Wylie East Road was currently not on the CIP Plan and would need to be added prior to any impact fee usage; however, a development agreement could be created between Douglas Properties and the City for road construction. Council Action A motion was made by Councilman White, seconded by Councilman Jones to approve amending the zoning from Agricultural District (AG/30) to Planned Development/Single-Family (PD-SF) on approximately 52.631 acres generally located south of S.H. 78, east of Wylie East Drive and north of Wylie East H.S. ZC 2012-10; additionally removing the 1,750 sq. ft. homes and amending the 2,000 sq. ft. homes to 35% and the 2,400 sq. ft. homes to 40% and remove the front fencing from the PD. A vote was taken and the motion passed 6-1 with Mayor Hogue, Mayor Pro Tem Spillyards, Councilman Goss, Councilman White, Councilman Jones, and Councilwoman Culver voting for and Councilman Scott voting against. 2. Consider, and act upon, Resolution No. 2013-03(R) of the City Council of the City of Wylie, Texas authorizing the application of Mariposa Woodbridge LP to the Texas Department of Housing and Community Affairs for Housing Tax Credits Home Funds and support for the development of multi-family residential housing with a target . population for adults 55 years of age and older. (M. Manson, City Manager) Staff Comments Stewart Shaw, representing Mariposa Woodbridge L.P., addressed council stating that the proposed Senior Living Facilities would be located south of the Target development, east of McCreary Road. The Planned Development District zoning for this property (Ord. 2006-01) includes a retirement housing use which specifies that the head of the household must be 55 years of age or older, and also addresses density, setback, and parking requirements. Bonner Carrington LLP is the developer of the proposed project. They have developed five other senior communities in Texas. Council Discussion Mayor Hogue addressed the council stating that he had requested this item be brought back to the council for consideration after a visit to the Mariposa Development in Austin. Mayor Hogue stated he had a chance to visit with the manager onsite in Georgetown. He stated that he also had an opportunity to visit with residents and found them to be very pleased with the facilities. Mayor Hogue asked Mr. Shaw if he also built facilities for low income families. Mr. Shaw replied that he did but these were for general population where the Mariposa developments proposed in Wylie were for seniors only. Mr. Shaw introduced Kerry Dorsey, regional manager for Mariposa, and who previously worked for Texas Department of Housing and Community Affairs (TDHCA). Mayor Hogue asked Ms. Dorsey if the age restriction would always be 55 years and older. Dorsey stated there was a leasing requirement that must be signed by each applicant with requirements that must be followed. One of the applicants must be 55+ years old to qualify. The application allows an applicant 65 years to have a spouse 50+ years of age and qualify. Dorsey explained that each applicant was screened for income by tax statements and assets owned and rent was based on that income. Once income is verified, no future verifications are required by TDHCA. Minutes January 8, 2013 Wylie City Council . Page 6 Council Action A motion was made by Mayor Pro Tern Spillyards, seconded by Councilman Scott to approve Resolution No. 2013-03(R) of the City Council of the City of Wylie, Texas authorizing the application of Mariposa Woodbridge LP to the Texas Department of Housing and Community Affairs for Housing Tax Credits Home Funds and support for the development of multi-family residential housing with a target population for adults 55 years of age and older. A vote was taken and the motion passed 6-1 with Mayor Hogue, Mayor Pro Tern Spillyards, Councilwoman Culver, Councilman White, Councilman Jones and Councilman Scott voting for and Councilman Goss voting against. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. City Secretary Ehrlich read the captions to Ordinance No.'s 2013-01 and 2013-02 into the official records. WORK SESSION • Discussion regarding a Wylie Downtown Merchants Association request for funding for July Jubilee Bluegrass Festival. Bobby Heath and members of the Wylie Downtown Merchants Association addressed council asking for $5,C)00 in matching funds to grow the July Jubilee and add a Bluegrass Concert. Heath reported that several years ago the WDMA had taken over the event from the City and due to limited funds within the association could not build the event. The organization was requesting the additional funds from the City to be able to fund bluegrass entertainment and other activities for the event. Council direction was to bring back an item for consideration to fund the event with Occupancy Tax funds and to actively participate in the event. RECONVENE INTO REGULAR SESSION Mayor Hogue reconvened into Regular Session at 8:49 p.m. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Jones, seconded by Councilman White to adjourn the meeting at 8:50 p.m. A vote was taken and the motion passed 7-0. ,� OF ric ogue, Mayor ATTEST: r Carole Ehrlich, C y Secretary '4P v ti• �4f LOlOR`p 111, _ M ,. '- - ,e .