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08-13-2013 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Meeting Tuesday, August 13, 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 Eric Hogue called the meeting to order at 6:00 p.m. City Secretary Carole Ehrlich took roll call with the following City Council members present: Mayor pro tern Nathan Scott (arrived at 6:05 pm), Councilwoman Diane Culver, Councilman Keith Stephens, Councilman Bennie Jones, Councilman Todd Wintters, and Councilman Rick White. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Fire Chief, Randy Corbin; Police Chief, John Duscio; City Engineer, Chris Hoisted; Planning Director, Renae 011ie; Finance Director, Linda Bantz; Executive Director of WEDC, Sam Satterwhite; City Secretary, Carole Ehrlich; PIO Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Police Chief John Duscio gave the invocation and Fire Chief Randy Corbin led the Pledge of Allegiance. PRESENTATIONS • Presentation - Ed and Bev Nemer's 50th Wedding Anniversary Mayor Hogue read a proclamation in honor of the 50th Wedding Anniversary of Ed and Bev Nemer. • Presentation of Keep Texas Beautiful Award - (J. Butters, Asst. City Mgr.) Robert Medigovish, representing CWD, Wylie's solid waste provider was on hand to present the Keep Texas Beautiful Award to the City of Wylie for their efforts in providing with the Extreme Green Event for Wylie citizens. The event recycles waste for residents. Minutes August 13, 2013 Wylie City Council Page 1 • Update and Presentation on the 2013 Wylie Jubilee Bluegrass on Ballard — (C. Kelly, PIO) Public Information Officer Craig Kelly and Jeremy Meier representing the Downtown Merchants Association gave a brief overview of the recent 2013 Wylie Jubilee Bluegrass on Ballard event which thousands of visitors attended. • Presentation - FY 2013/14 Budget - Wylie Economic Development Corporation - (S. Satterwhite, WEDC Executive Director) Wylie Economic Development Corporation Executive Director Sam Satterwhite gave an overview of some of the successes of the past year and presented the proposed FY 2013/14 WEDC Budget overview. 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. Former Mayor William Martin and wife Anne addressed the council thanking the WFR, EMS, and Wylie Police for their assistance after an accident which damaged Mr. Martin's hand. He commended public safety for their quick and professional handling of the incident. Many citizens and friends of Councilman Bennie Jones spoke about his service to the City and mentoring to the youth of Wylie through the Wylie Youth Council which included the surrounding communities. Lisa Rannabarger, residing at 219 Lake Travis Drive, Wylie, addressed council requesting a change in the Wylie Code of Ordinances to allow a small numbers of chickens to be raised by Wylie residents. 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 July 23, 2013 Regular Meeting and the July 30, 2013 Special Called Budget Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, proposals for employee group health insurance, including major medical, dental,term life, accidental death/dismemberment, long term disability and prescription drug coverage. (L. Fagerstrom, HR Manager) C. Consider,and act upon, approval of Ordinance No. 2013-29,amending Section 110-173 (a) (10) (Stopping, Standing, or Parking Prohibited in Certain Places) of Article VI (Stopping, Standing, and Parking) of Chapter 110 (Traffic and Vehicles) of the Wylie Minutes August 13, 2013 Wylie City Council Page 2 Code of Ordinances; Prohibiting Parking, Stopping or Standing of a Vehicle along the west side of Hilltop Lane from Pirate Drive to Stone Road and along the west side of Birmingham Street from Kirby Street to Williams Street during those times set forth in this Ordinance; Establishing an Offense; Providing for a Penalty for the violation of this Ordinance. (C. Hosted, City Engineer) D. Consider, and act upon, approval of Ordinance No. 2013-30 amending Ordinance No. 2012-27 (2012-2013 budget) and approving an appropriation of funds in the amount of $5,000.00 from the Hotel Tax Fund for funding the Wylie Jubilee Bluegrass on Ballard; providing for repealing,savings and severability clauses; and providing for an effective date of this ordinance. (C. Kelly, PIO) Mayor Hogue noted two changes to the consent agenda items: Item A, minutes should read July 23, 2013 Minutes approval and the correction from Mayor to Mayor pro tem presiding over the meeting. Item B had a correction to the agenda report regarding the renewal rate for Long Term Disability Insurance rates staying the same. Those rates were increasing by $963.61 per month. Council Action A motion was made by Councilwoman Culver, seconded by Councilman Wintters to approve the consent agenda as amended with the changes noted above. A vote was taken and the motion passed 7-0. REGULAR AGENDA 1. Consider, and act upon, Resolution No. 2013-18 (R) of the City Council of the City of Wylie, Texas, accepting the proposed property tax rate for fiscal year 2013-2014, accepting the calculation of the effective tax rate, establishing dates for public hearings on the proposed property tax rate, and providing for the publication as provided by the Texas Property Tax Code. (L. Bantz, Finance Director) Staff Comments Finance Director Linda Bantz addressed council stating that the City is required by law to follow certain meetingand notice (publication) guidelines identified in the "Truth in Taxation" guide. In accordance with the "Truth in Taxation" laws of the State of Texas, the effective and rollback tax rates and other statements and schedules must be published and two public hearings must be held if an entity's proposed tax rate exceeds the lower of either the effective tax rate or the rollback tax rate. This year's effective tax rate is $0.855158 and the rollback tax rate is$0.903962. Bantz reported the resolution reflected two public hearings that would be held on August 27th and September 3, 2013 at 6:00 p.m. in the Wylie City Council Chambers. Mayor Hogue stated that this proposed property tax rate reflected a half cent reduction in last year's tax rate. Council Action A motion was made by Councilwoman Culver, seconded by Councilman White to adopt Resolution No. 2013-18(R) of the City Council of the City of Wylie, Texas, accepting the proposed property tax rate for fiscal year 2013-2014 of $0.8839, accepting the calculation of the effective Minutes August 13, 2013 Wylie City Council Page 3 tax rate, establishing dates for public hearings on the proposed property tax rate (August 27th and September 3, 2013 at 6:00 p.m.), and providing for the publication as provided by the Texas Property Tax Code. A vote was taken and the motion passed 7-0. PUBLIC HEARING TABLED ITEM FROM 07-23-2013 Motion to remove from table and consider: Council Action A motion was made by Councilwoman Culver, seconded by Mayor pro tern Scott to remove ZC 2013-03 (Item#1) from the table and consider. A vote was taken and the motion passed 7-0. 2. Hold a Public Hearing and consider, and act upon, amending the zoning from Agricultural District (AG/30) & Planned Development-Single Family District (PD 2012-04) to Planned Development-Single Family District for an expansion-continuation of an existing Planned Development-Single Family District (PD-SF) on approximately 101.525 acres, generally located south of E. Brown Street and west of W.A. Allen Boulevard. ZC 2013-03 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed council stating that the applicant is requesting to establish permanent zoning on an approximate 65.85 acre tract immediately adjacent to an existing Planned Development- Single Family Residential subdivision (PD 2012-04). The purpose for the request is to expand and continue single family detached residential development consistent with Kreymer Estates provisions and conforming to existing surrounding residential properties. 011ie explained the current Comprehensive Plan designates Medium Density Residential for the area of this request. The request to rezone property from Agricultural to PD-SF is consistent with the City's Comprehensive Plan and Land Use Map and does conform to the existing Planned Development 2012-04. 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. The development will consist of 8,500 sq. ft. lots with dwelling sizes consisting of 1,800 to 2,200 sq. ft. homes. 011ie reported that both the Planning and Zoning Commission and the Parks Board approved the zoning and parks dedication. Public Hearing Mayor Hogue opened the public hearing for Zoning Case 2013-03 asking anyone present wishing to address council to come forward. Bryce Flynn, residing at 909 Foxwood, Wylie, and Jon Chumbley, residing at 913 Foxwood Lane, Wylie, both spoke in opposition to the proposed PD 2012-04. Mayor Hogue closed the public hearing. Council/Developer Discussion Jim Douglas with Douglas Properties (applicant) addressed council stating that the walking trails, pavilion, Minutes August 13, 2013 Wylie City Council Page 4 and other amenities have been completed and although there are no residents living in the Kreymer development, these amenities are used every day. These amenities were built by the developer and will be maintained by the HOA with no cost to the City. Mr. Douglas noted that once this zoning was approved, extensive research will be completed to determine flood plain and other easements before any homes will be constructed. Mayor pro tern Scott stated that the model home was beautiful and asked Mr. Douglas if he would be interested in increasing the percentages of homes in the upper square footage. Mr. Douglas replied that he would be will to decrease the 1,800 sq. ft. homes from 15%to 5% and increase the 2,000 sq. ft. to 40% and 2,200 sq. ft. to 55%. Douglas noted that most of the homes placed under contract would be well above the minimum and up to over 3,000 sq. ft. Councilwoman Culver asked Mr. Douglas if he would move the percentages as suggested for the development. Mr. Douglas stated he would. Council Action A motion was made by Councilwoman Culver, seconded by Councilman White to approve amending the zoning from Agricultural District (AG/30) & Planned Development-Single Family District (PD 2012-04) to Planned Development-Single Family District for an expansion- continuation of an existing Planned Development-Single Family District (PD-SF) on approximately 101.525 acres, generally located south of E. Brown Street and west of W. A. Allen Boulevard. ZC 2013-03 with the following amendments: no more than 5% of the house size shall be 1,800 sq. ft.; no more than 40% of the homes shall be less than 2,000 sq. ft., and no more than 55% of the homes shall be less than 2,200 sq. ft. A vote was taken and the motion passed 5-2 with Mayor Hogue, Mayor pro tern Scott, Councilwoman Culver, Councilman Wintters and Councilman White voting for, and Councilman Jones and Councilman Stephens against. PUBLIC HEARING 3. Hold a Public Hearing and consider, and act upon, amending the zoning from Corridor Commercial (CC) District to Corridor Commercial with a Specific Use Permit (CC-SUP) for a 14,000 sq. ft. major automotive repair shop (Caliber Collision), located on two acres on Westgate Way north of FM 544 (just north of Chili's) ZC 2013-04 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed council stating that the applicant is requesting to establish SUP zoning for a Major Automotive Repair Use on two acres on the east side of Westgate Way just north of FM 544. The applicant is proposing a Caliber Collision branded automotive repair and body center. The property is in the General Urban sector on the Land Use Plan and currently zoned Commercial Corridor on the Zoning Map so the use is generally consistent with the planned and current uses in the area. Planning and Zoning did recommend approval of the zoning case. Public Hearing Mayor Hogue opened the public hearing for Zoning Case 2013-04 asking anyone present wishing to address council to come forward. No one was present wishing to address council on ZC 2013-04. Minutes August 13, 2013 Wylie City Council Page 5 Mayor Hogue closed the public hearing. Council/Applicant Discussion Mayor Hogue asked Planning Director 011ie where the cars for repair would be stored. 011ie replied they would be housed behind the building; all parking in the front of the building would be customer parking. Hogue asked if this would be wrought iron fencing. 011ie replied yes it was. Mayor Hogue noted that the residents behind the business would be able to see the cars parked behind the building waiting for repair. Mr. David Scroggins representing Cross Development addressed council stating that Cross Development is the real estate developer for Caliber Collision. Mr. Scroggins explained what you will see at Caliber Collision from the road way is essentially a parking lot. Caliber Collision only accepts "fender bender" type light repairs that mainly require replacement of a unit of the car. Cars that are totaled never get to Caliber Collision or are quickly transferred to another vendor. Most customers have an estimate and a rental car within an hour. Mayor Hogue asked about the vision with the wrought iron fence. Mr. Scroggins suggested that live screening in addition to the wrought iron fence be used. Mr. Scroggins noted all work would be done inside the building and noise would be minimal. Council Action A motion was made by Mayor pro tern Scott, seconded by Councilman Jones to amend the zoning from Corridor Commercial (CC) District to Corridor Commercial with a Specific Use Permit (CC-SUP) for a 14,000 sq. ft. major automotive repair shop (Caliber Collision), located on two acres on Westgate Way north of FM 544. A vote was taken and the motion passed 7-0. 4. Consider, and act upon, Ordinance No. 2013-31 amending Ordinance No. 2012-27 (2012-2013 budget) and approving an appropriation of funds in the amount of $45,000.00 for the General Fund Information Technology (Fire Station Fiber and VOIP Construction Project). (J. Butters, Asst. City Mgr.) Staff Comments Assistant City Manager Butters addressed council stating that Fire Stations #1 and #3 are not currently connected to our fiber ring. Stations #1 and #3 have been using old microwave technology for wireless connectivity. The City owns a microwave antenna on a North Texas Municipal Water District Tower as part of this system. Recently, construction at NTMWD has interfered with this "line of sight" antenna and increased the urgency of connecting Fire Station #1 and #3 to the fiber ring. Cost for the connectivity is approximately$45,000. Council Action A motion was made by Councilman White, seconded by Councilman Jones to adopt Ordinance No. 2013-31 amending Ordinance No. 2012-27 (2012-2013 Budget) and approving an appropriation of funds in the amount of $45,000 for the General Fund Information Technology (Fire Station Fiber and VOIP Construction Project). A vote was taken and the motion passed 7-0. 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 2013-29, 2013-30, and 2013-31 into Minutes August 13, 2013 Wylie City Council Page 6 the official records. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Jones, seconded by Councilwoman Culver to adjourn the meeting at 8:32 p.m. A vote was taken and the motion passed 7-0. C Eric Hogue, Ma o ATTEST: /),44,\,),_,«!(1,-7-t.:1 4" I .---7 f o-�!� year Carol Ehrlich, City ecretary • *--= '-,i�}-_ , ,--a IA pootkrE RAIL 4s sp �r 018870 9t4re OF TEAS I Minutes August 13, 2013 Wylie City Council Page 7 I