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01-22-2013 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Meeting Tuesday, January 22, 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 Hogue 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, Councilwoman Diane Culver, Councilman Rick White, Councilman David Goss, Councilman Bennie Jones (arrived at 6:10 p.m.), 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 Services Director, Mike Sferra; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE • David Keuss,Woodbridge Bible Fellowship Church Pastor David Keuss representing the Woodbridge Bible Fellowship Church led the invocation and Fire Chief Corbin led the Pledge of Allegiance. PRESENTATIONS • Shining the Wylie Way -3rd 6 Weeks Mayor Hogue announced the Shining the Wylie Way students would be honored at the February 12, 2013 regular council meeting. • Presentation of Certificates of Appreciation to: Mayor Eric Hogue Councilman Nathan Scott Minutes January 22, 2013 Wylie City Council Page 1 City Manager,Mindy Manson Citizen, Tom Kollman For their participation in the judging of the American Legion High School Oratorical Scholarship "Constitutional Speech Contest" (American Legion) Mary Lange, representing the Wylie American Legion, presented plaques of appreciation to members of the judging team for the oratorical scholarship contest. She also introduced Brandon Carr who won the contest and went on to district competition. • Presentation regarding Collin County Transportation Priorities. (Collin County Commissioners- Cheryl Williams and Duncan Webb) Collin County Commissioners Cheryl Williams and Duncan Webb gave a short presentation regarding funding for the county thoroughfare plan. Williams noted that the new projects to receive available RTR funding included Wylie/Lucas FM 1378 from North Parker Road to South Parker Road. She explained the Wylie project for Pleasant Valley Road was not on the county mobility plan and urged city staff and officials to request the county include that project in their next mobility update. Commissioner Webb explained the new ranking process for all requests for RTR funding which reviewed project readiness, matching funding from cities and economical need for improvements, among other needs. CITIZENS COMMENTS ON NON-AGENDA ITEMS ` Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. No one was present to address council during citizen participation. 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 January 8,2013 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 December 31,2012. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for December 31,2012. (L. Bantz, Finance Director) D. Consider, and act upon, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of December 31, 2012. (S. Satterwhite, WEDC Director) Minutes January 22, 2013 Wylie City Council Page 2 E. Consider, and act upon, Ordinance No. 2013-03, 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) F. Consider, and act upon, Ordinance No. 2013-04, amending Ordinance No. 2009-12 (Comprehensive Fee Ordinance) and Section XII (Municipal Court Fees) of Appendix C (Wylie Comprehensive Fee Schedule) of the Wylie Code of Ordinances. (L. Davis, Municipal Court Supervisor) G. Consider, and act upon, Resolution No. 2013-04(R) ordering a General Election to be held on May 11,2013 for the purpose of electing two (2) City Council members, Places 1 and 3, to the Wylie City Council to hold office for a period of three years; Designating Locations of Polling Places; Designating Filing Deadlines, Ordering Notices of Election to be given as prescribed by law in connection with such election; and appointing Election Judges. (C. Ehrlich, City Secretary) H. Consider, and act upon, an Election Contract by and between the City of Wylie and the Rockwall County Elections Administrator for administration of the May 11, 2013 Wylie General Election. (C. Ehrlich, City Secretary) Council Action A motion was made by Councilwoman Culver, seconded by Councilman White to approve the consent agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA Presentation of the Comprehensive Annual Financial Report for the FY 2011-2012. Staff Comments Finance Director Bantz addressed council stating that the City Charter in Article VII, Municipal Finance, Section 13: Independent Audit requires that at the end of the fiscal year an independent audit be made of all accounts of the City by a certified public accountant. In compliance with the City Charter, our outside auditor, Weaver, L.L.P. has performed an audit as of September 30, 2012. Bantz explained that this is the fifth year for the audit to be performed by Weaver L.L.P. She introduced Mr. John DeBurro, Senior Audit Manager with Weaver, who gave a brief presentation of the CAFR, including the Independent Auditors' Report and answered any questions that the City Council had regarding the report. Mr. DeBurro gave a short presentation regarding the fund balances and activities for fiscal year 2011- 2012. He reported that the firm granted the City an unqualified (clean) audit letter. Mr. DeBurro complemented the staff for their continued work. 1. Consider, and act upon, acceptance of the Comprehensive Annual Financial Report (CAFR) for FY 2011-2012 after presentation by the audit firm of Weaver and Tidwell,LLP. (L. Bantz, Finance Director) Minutes January 22, 2013 Wylie City Council Page 3 Council Action A motion was made by Councilman White, seconded by Mayor Pro Tem Spillyards to accept the Comprehensive Annual Financial Report (CAFR) for FY 2011-2012 as presented by the audit firm of Weaver L.L.P. A vote was taken and the motion passed 7-0. Presentation of the Wylie Economic Development Corporation Annual Report. Staff Comments WEDC Executive Director Sam Satterwhite addressed the Council regarding the 2013 WEDC Annual Report. As required by the WEDC By-Laws, the Annual Report is to be presented to Council by January 31st and must address the current financial condition, direct and indirect economic development programs, incentive programs, and 2013 goals and objectives. Satterwhite indicated that as a component unit of the City of Wylie, the City auditors of Weaver & Tidwell, LLP reviewed WEDC financial activities. WEDC sales tax receipts have increased over prior year figures by 5.4%. The WEDC expended $576,543 on grants and engineering services directly attributed to incentive packages, $132,452 on the purchase of real property, $264,530 on personnel services, $85,686 on marketing and promotion, and debt service of $633,755. The WEDC ended the FY 2011 - 2012 with a fund balance of $1,330,462, an increase of $312,253 over the prior year fund balance. It was reported that the WEDC fund balance will be significantly impacted in 2013 via non-reoccurring incentives and infrastructure improvements in excess of$806,000. In FY 2012 — 2013, the WEDC is contractually obligated to fund $693,589 in direct incentive programs in addition to a sales tax rebate program for infrastructure improvements executed with Direct Development (estimated at $342,000). Further, the WEDC has committed to fund $1'12,000 in infrastructure improvements associated with the PM Realty project on F.M. 544. The WEDC currently owns 31 acres of property with a cost basis of $3,575,555 (including the 23.8 acre Ascend tract). Further, the WEDC owns Ascend real property improvements (96,000 square feet) with a construction cost of $5.3 million. The WEDC has annual debt service of $661,644 associated with the above property and a principal balance of $5,397,648 as of December 31, 2012. Satterwhite continued that in 2012 within Woodbridge Crossing, construction was completed on Ross, Rack Room, Rue 21, and Rosa's Café. While Direct Development continues to be successful in developing Woodbridge Crossing, certain performance measures within the Retail Development Agreement were not met causing Direct to be in Default under the terms of the Agreement. The result of the default reduced the maximum incentive under the sales tax reimbursement program from $12 million to $6 million. The WEDC indicated that Direct Development will reach its maximum reimbursement on or about September 2017. In 2012 construction began on the 175,000 square foot Kroger Marketplace anchored Woodbridge Centre, a 56,000 square foot, twelve screen B&B Theatre, and a Dairy Queen. Satterwhite indicated that the Wylie DQ generated the highest weekly revenue of any national and international Dairy Queen concept surpassing the previous mark set by a Frisco DQ. Also underway in 2012 was the construction of a 51,000 square foot medical office building and 24- hour emergency room/acute care facility. With approximately 75% of the project leased to Lake Point and Lake Point affiliated practitioners, it is anticipated that Wylie could support one or two Minutes January 22, 2013 Wylie City Council Page 4 more phases from the PM/Lake Point partnership. Satterwhite stated that in 2012 — 2013 the continued pursuit of sit-down restaurants will take place, a reemphasis to encourage development on the KCS property, and close the approximately $27 million in industrial projects that the WEDC is currently working on. 2. Consider, and place on file, the Wylie Economic Development Corporation Annual Report. (S. Satterwhite, Executive Director WEDC) Council Action A motion was made by Mayor Pro Tern Spillyards, seconded by Councilman Scott to accept and place on file the 2012 Wylie Economic Development Corporation Annual Report. A vote was taken and the motion passed 7-0. Public Hearing 3. Consider, and act upon, a SUP for a Veterinary Animal Clinic/Hospital. (R. 011ie, Planning& Zoning Director) Staff Comments Planning Director 011ie addressed council stating that a request for a Specific Use Permit (SUP) for an Animal Clinic or Hospital Use limited to a lease space (Suite 110) of 2,515 square feet within the existing Zlan Corner Commercial Center, generally located at the northeast corner of Country Club Road and W. Brown Street. 011ie explained 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. The applicant is proposing to lease an existing suite to a local veterinarian for medical care for local domestic pets and animals in the immediate and surrounding neighborhoods. The property is currently zoned Neighborhood Services; NS districts allows for convenience of retail shopping and personal service uses principally serving the needs of surrounding neighborhoods and compatible with adjacent land uses in scale and character. Recently constructed in 2011, the center has since leased out spaces for Dry Cleaning & Laundry Service and a Retail Beverage Store. Situated on 1.814 acres, the 13,000 square foot center was designed to accommodate multiple and diverse uses consistent with NS designated purposes. Council/Applicant Comments Dr. Michael Lamping, applicant, addressed council stating that the clinic would handle approximately 25 dogs and cats on a daytime appointment schedule. Periodically, a few animals may stay over for hospital surgery. No boarding would be provided either indoors or outdoors. Councilman Jones asked about animal waste. Dr. Lamping explained there would be an area in the back of the clinic and would be kept maintained on an ongoing basis. Mayor Pro Tern Spillyards asked Planning Director 011ie if provisions were set in the ordinance in the event a new veterinary clinic wished to lease the building and offered boarding. Planning Director 011ie explained there were two uses for veterinary clinics in the comprehensive zoning ordinance; Boarding/Kennel Use and Veterinary Hospital Use. If a new lessor wished to lease the suite and offered boarding, a new SUP would be required and would come to council for approval. Minutes January 22, 2013 Wylie City Council Page 5 Public Hearing Mayor Hogue opened the public hearing at 7:23 p.m. asking anyone wishing to address council on this item to come forward. No one was present to address council during the public hearing. Mayor Hogue closed the public hearing at 7:23 p.m. Council Action A motion was made by Councilwoman Culver, seconded by Councilman Goss to approve a Special Use Permit for a Veterinary Animal Clinic/Hospital located on the northeast corner of Country Club Road and W. Brown Street. A vote was taken and the motion passed 7-0. 4. Consider, and act upon, an amendment to the Parks and Recreation Board Bylaws, adding Item G,Article V-Section 4. (R. Diaz, Parks Superintendent) Staff/Council/Board Comments Parks Superintendent Robert Diaz addressed council requesting a change in the Park Board Bylaws to establish a chain of command for Board members to receive answers to questions regarding any Parks and Recreation issues or concerns. Diaz noted the Parks Board had initiated this request and had voted to request the change. Mayor Hogue asked why this issue was coming before council. He noted that boards were made up of volunteers, appointed by council. Parks Board Chair Rose explained that there had been situations where board members had approached council with questions that could have easily been answered by staff. He noted that the request was not restricting board members from going to any staff member or council member but the board felt this would be a good process to follow. Councilman Goss stated that the way the propose change was written, the word "shall"was used which would require board members to follow this procedure. He asked what the consequences would be for not following the chain of command. Board member Chestnut replied there would not be consequences and the board in making the bylaw change only wanted to give new board members a process to follow. Councilman Jones stated that he believed an "open door" policy should be continued. He explained that when he was serving on the board he would want the option of going to any staff member or council if he had questions or concerns. Councilwoman Culver suggested in lieu of changes to the bylaws, which gave board members no alternative with regard to the process to ask questions or voice concerns, maybe let new board members know they can follow these procedures but also had the opportunity to contact anyone if they wished to do so. Councilman Scott stated that he felt it would stifle discussion between staff members and council was not in favor of the bylaw change. Councilman White and Mayor Pro Tem Spillyards concurred. Mayor Pro Tem Spillyards suggested there be training for new boards to convey who is responsible for what; this would not stifle members from discussing items with anyone but would allow them to know the available avenues for information gathering. Council Action A motion was made by Councilman White, seconded by Councilman Jones to deny an amendment to the Parks and Recreation Board Bylaws, adding Item G, Article V-Section 4. A vote was taken and the motion passed 7-0. Minutes January 22, 2013 Wylie City Council Page 6 5. Consider, and act upon, approval for an alternative exterior material's aesthetic appropriateness, durability and strength in accordance with Article 4, Section 4.3.F of the Comprehensive Zoning Ordinance, for a restaurant remodel (Wendy's) located at 1401 E. FM 544. (R. 011ie, Planning& Zoning Director) Staff Comments Planning Director 011ie addressed the council stating the applicant is proposing a remodel to update their existing restaurant facility. Currently primary exterior materials are required to consist of a masonry material including but not limited to brick, stone, cast stone, decorative concrete, concrete block, stucco or cementitious fiberboard. Exterior Insulating Finishing System (EIFS) shall not be considered acceptable primary material and shall not exceed more than 20% of any facade face. Mr. Aron Lee, representing Heights Venture Architects, LLP, 5717 Legacy Dr. Suite 240, Plano Texas addressed council stating that the material was very durable and many cities had approved the material and redesign of the buildings. Councilman Scott asked what it would do to the cost of the redesign if council did not approve the material. Mr. Lee replied that all he could report was that this was the proposed change for all Wendy locations and Wendy's would have to go back to re-evaluate the cost changes as this was the approved material for all locations. He commented that he could not speak to the cost to change the design. Councilman Culver asked Mr. Lee if the design presented tonight was the exact design that would be created in Wylie. Mr. Lee stated it was. Council Action A motion was made by Mayor Pro Tern Spillyards, seconded by Councilman Scott to approve an alternative exterior material aesthetic appropriateness, durability and strength in accordance with Article 4, Section 4.3F of the Comprehensive Zoning Ordinance, for a restaurant remodel (Wendy's) located at 1401 E. FM 544. A vote was taken and the motion passed 6-1 with Mayor Hogue, Mayor Pro Tern Spillyards, Councilman Scott, Councilman Jones, Councilman White and Councilwoman Culver voting for and Councilman Goss voting against. READING OF ORDINANCES City Secretary Ehrlich read the captions to Ordinance No.'s 2013-03 and 2013-04 into the official record. Mayor Hogue convened into Executive Session at 8:07 p.m. reading the exception below. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Sec. 551.074. PERSONNEL MATTERS; CLOSED MEETING. (a) This chapter does not require a governmental body to conduct an open meeting: (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or (2) to hear a complaint or charge against an officer or employee. (b) Subsection (a) does not apply if the officer or employee who is the subject of the deliberation or hearing requests a public hearing. • City Manager Evaluation. (M. Manson, City Manager) Minutes January 22, 2013 Wylie City Council Page 7 Mayor Hogue reconvened into Open Session at 10:11 p.m. RECONVENE INTO OPEN SESSION Take any action as a result from Work Session or Executive Session. Council Action A motion was made by Mayor Pro Tern Spillyards, seconded by Councilman Jones to amend the salary of the City Manager, Mindy Manson from her current salary of $148,950 to $156,406. A vote was taken and the motion passed 7-0. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Scott, seconded by Councilman Jones to adjourn the meeting at 10:12 p.m. A vote was taken and the motion passed 7-0. Eric Hogue, May ATTEST: ::F rlyr:it • Ca a Ehrlich, y retary my,coLoups oi4 a� �ITR FE RAILIM4} ♦ / 018870s9 14T8 OF TB Minutes January 22, 2013 Wylie City Council Page 8