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08-27-2013 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Meeting Tuesday, August 27, 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 p.m.), Councilwoman Diane Culver, Councilman Keith Stephens, Councilman Bennie Jones, Councilman Todd Wintters, and Councilman Rick White. Staff present were: City Manager, Mindy Manson; 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 Firefighter Jimmy Johnson gave the invocation and Firefighter Chris Campbell led the Pledge of Allegiance. PRESENTATIONS • Presentation - ISO #1 - Jesse James Williams - PPC Oversight Officer - State Fire Marshal's Office/Texas Department of Insurance (R. Corbin, Fire Chief) Mayor Hogue, Fire Chief Corbin and members of the Wylie Fire Rescue were present to receive the ISO #1 plaque from Jesse James Williams, PPC oversight Officer for the State Fire Marshal's Office/Texas Department of Insurance. Mr. Williams explained the importance of the ISO #1, the highest rating given by the SFMO. He noted only 57 communities in the United States received this designation; 14 are in the state of Texas. 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. Minutes August 27, 2013 Wylie City Council Page 1 Bobby Heath, representing the Wylie Downtown Merchants Association, addressed council thanking Craig Kelly for his marketing and branding assistance with the Bluegrass on Ballard Event. He stated that the event was a great success and the WDMA wanted to recognize Mr. Kelly for his work designing the logo and marketing the event. 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 August 13, 2013 Regular Called Meeting and the August 19, 2013 Special Called Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for July 31,2013. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Investment Report for July 31, 2013. (L. Bantz, Finance Director) D. Consider, and place on file, the WEDC Financial Report for July 31, 2013. (S. Satterwhite, WEDC Executive Director) E. Consider, and act upon, Ordinance No. 2013-32, amending the Comprehensive Zoning Ordinance of the City of Wylie, as heretofore amended, so as to change the zoning on the hereinafter described property, Zoning Case Number 2013-04, from Commercial Corridor (CC) to Commercial Corridor - Special Use Permit (CC-SUP) to accommodate a proposed major automotive repair use. (R. 011ie, Planning Director) F. Consider, and act upon, Ordinance No. 2013-33, amending the Comprehensive Zoning Ordinance of the City of Wylie, as heretofore amended, so as to change the zoning on the hereinafter described property, Zoning Case Number 2013-03, from Agricultural (A/30) to Planned Development Single Family Detached District (PD-SF) to accommodate the expansion-continuation of Single Family Residential Subdivision (PD 2012-04). (R. 011ie, Planning Director) G. Consider, and act upon, approval of a Final Plat for Fire Station No. 4 Addition, generally located north of McMillen Road and west of Lewis Drive. (R. 011ie, Planning Director) H. Consider, and act upon, approval of a Preliminary Plat for Inspiration, consisting of 11.142 acres for roadway infrastructure to accommodate a master planned development within Wylie's ETJ, generally located north of Parker Road (F.M. 2414) and east of Aztec Trail. (R. 011ie, Planning Director) I. Consider,and act upon,the award of bid #W2013-50-B for Stone Road Reconstruction Project; to Tiseo Paving Company in the amount of$3,896,707.70, and authorizing the Minutes August 27, 2013 Wylie City Council Page 2 City Manager to execute any and all necessary documents. (C. Hoisted, City Engineer & G. Hayes, Purchasing) ir. J. Consider, and act upon, a vendor application from Martha Wolf for a Relay for Life fundraiser at Bart Peddicord Community Center on September 7, 2013. (R. Diaz, Parks & Rec Superintendent) Councilman Wintters requested Item H of the consent agenda be pulled and considered individually. Consensus of council was to pull Item H and consider separately. Council Action A motion was made by Councilwoman Culver, seconded by Councilman Jones to approve all items, with the exception of Item H, of the consent agenda. A vote was taken and the motion passed 7-0. REGULAR AGENDA H. Consider, and act upon, approval of a Preliminary Plat for Inspiration, consisting of 11.142 acres for roadway infrastructure to accommodate a master planned development within Wylie's ETJ, generally located north of Parker Road (F.M. 2414) and east of Aztec Trail. Council Discussion Councilman Wintters asked Sue Blankenship to come forward and explain a little about the planned development this roadway will facilitate. Sue Blankenship, with Huffines Communities, Dallas, Texas, addressed council stating that this would be a planned residential development that would be constructed in three cities (Lucas, Wylie, and St. Paul). She explained this was a 600 acre project with development agreements in all three cities. Currently the applicant is working on Phase #1 of the development. The development will include a master plan with community center and amenities. Council Action A motion was made by Councilman Wintters, seconded by Councilman Scott to approve a Preliminary Plat for Inspiration, consisting of 11.142 acres for roadway infrastructure to accommodate a master planned development within Wylie's ETJ generally located north of Parker Road (F.M. 2414) and east of Aztec Trail. A vote was taken and the motion passed 7-0. PUBLIC HEARING 1. Hold a Public Hearing on the fiscal year 2013-2014 Proposed Budget and provide all interested persons an opportunity to be heard, either for or against any item in the C proposed budget; and set and announce the date, time and place of the meeting at which Council will vote on the final proposed budget. (L. Bantz, Finance Director) Minutes August 27, 2013 Wylie City Council Page 3 Staff Comments Finance Director Bantz addressed council stating that a Public Hearing is required to be held on the fiscal year 2013-2014 proposed Budget. In addition the date, time and place that the vote will be taken on the final budget must also be scheduled. Bantz noted, any changes made to the proposed tax rate or proposed budget could affect required publications and steps in the tax rate and budget approval process. Public Hearing Mayor Hogue opened the public hearing on the 2013/14 proposed budget at 6:20 p.m. asking anyone present wishing to address council to come forward. No one was present to address council. Mayor Hogue closed the public hearing at 6:20 p.m. Council Action A motion was made by Councilman White, seconded by Councilwoman Culver to set September 10, 2013 at 6:00 p.m. in the Wylie City Council Chambers, 300 Country Club Road, Wylie, TX as the date, time and place for which the council will vote on the 2013/14 proposed budget. A vote was taken and the motion passed 7-0. 2. Hold a Public Hearing on the proposed tax rate of $0.8839 for fiscal year 2013-2014 and provide all interested persons an opportunity to be heard, either for or against the proposed tax rate; and announce the date, time and place of the meeting at which the Council will vote on the tax rate. (L. Bantz, Finance Director) Staff Comments Finance Director Bantz addressed council stating that in accordance with the"Truth in Taxation" laws of the State of Texas, on August 13, 2013, the City Council voted on the proposed tax rate and scheduled two public hearings on the proposed tax rate. The first public hearing is to be held on August 27, 2013 and the second public hearing is scheduled for September 3, 2013. The proposed 2013-14 budget is based on a tax rate of$0.8839 per $100 valuation. Any changes made to the proposed tax rate or Proposed Budget could affect required publications and steps in the tax rate and budget approval process. Public Hearing Mayor Hogue opened the public hearing on the 2013/14 proposed tax rate at 6:23 p.m. asking anyone present wishing to address council to come forward. No one was present to address council. Mayor Hogue closed the public hearing at 6:23 p.m. Council Action A motion was made by Councilman White, seconded by Councilwoman Culver to set September 10, 2013 at 6:00 p.m. in the Wylie City Council Chambers, 300 Country Club Road, Wylie, TX as the date, time and place at which Council will vote on the 2013/14 proposed tax rate. A vote was taken and the motion passed 7-0. Minutes August 27, 2013 Wylie City Council Page 4 TABLED ITEM FROM 07-23-2013 Remove from table and consider Council Action A motion was made by Councilwoman Culver, seconded by Councilman Scott to remove Item #3 from the table and consider. A vote was taken and the motion passed 7-0. 3. Consider authorizing the City Manager to sign a Development Agreement between the City of Wylie and Robbins Property Company No. 3, LTD, Southwestern Medical Foundation, Groves Farm, LTD., Wylie-FB, LTD., and Haynes Development. For the development of Dominion of Pleasant Valley. Located west and south of Pleasant Valley Road and south of Sachse Road/South Ballard Ave. (R. 011ie, Planning Director) Mayor Hogue announced that this item had been tabled until such time as the zoning case came before council. He noted that the zoning case had not vet been presented to staff but due to the requirement of tabled items coming back to council at the third meeting,this item would be removed from the table and re-tabled until such time as the zoning case is heard. Council Action A motion was made by Councilwoman Culver, seconded by Councilman White to table consideration of a Development Agreement between the City of Wylie and Robbins Property Company No. 3, LTD, et al and Haynes Development to the September 24, 2013 city council meeting. A vote was taken and the motion passed 7-0. Mayor Hogue convened into Executive Session at 6:39 p.m. citing the exception below. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§Sec. 551. 071. CONSULTATION WITH ATTORNEY; CLOSED MEETING. A governmental body may not conduct a private consultation with its attorney except: (I) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation; or (B) a settlement offer; or (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. • Section 551.071. Meeting with City Attorney regarding a matter(s) in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas conflicts with the Open Meetings Act regarding the receipt of legal advice relating to Site Plans. Minutes August 27, 2013 Wylie City Council Page 5 RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Mayor Hogue reconvened into open session at 7:20 p.m. 4. Consider, and act upon, an appeal to the Council of the Commission's decision to deny a Site Plan on behalf of Walmart Store #6078, being a portion of Tract 4 of Creekside Development within the John H. Mitchell Survey. Subject property generally located on the northeast corner of McMillian and McCreary. (R. 011ie, Planning Director) Council,Staff,Applicant Comments Planning Director 011ie addressed council stating that the Site Plan was considered by the Planning and Zoning Commission at its July 2nd meeting. A motion was made by the Commission to approve the Site Plan as presented with a vote of 3-3. An affirmative vote of 4 Planning Commissioners is required for a motion to pass. Pursuant to Section 8.1.D.5.b of the City of Wylie Zoning Ordinance, and Section 3.B of Article VIII of the City Code of Ordinances, the applicant properly filed a Notice of Appeal to the Commission's action regarding a Site Plan for Walmart Store#6078. The Site Plan, Elevations and Landscape Plan was tabled by the Planning and Zoning Commission on June 4, 2013 to allow the applicant sufficient time to address concerns presented by the Commission and citizens. On July 2nd, the applicant presented revised plans to the Commission for consideration. Revisions included: - Added pedestrian pathways through the parking lot - Increased the landscape buffer near the Creekside residential area and along McMillian - Added smooth face block accents and changed the awnings over the pharmacy window - Increased the stone on the front facade and side along McMillen Road by 10% - Lighting is cutting edge LED lights and controlled and directive within the truck dock area - The site provides masonry walls and landscaping to screen adjacent properties - Primary exterior building materials consist of split face Concrete Masonry Unit (CMU), Stone, and 17% EFIS - All external lighting will be reviewed for compliance with residential adjacency standards A Traffic Analysis study was performed for the intersection of McMillen and McCreary Road. The study revealed a projected increase of traffic to be over 4,200 vehicles per day, with the outparcel for a possible fast-food establishment to generate 1,242 vehicles per day. The City Engineer reiterated that the subject property is surrounded by major thoroughfares, McCreary Road, a 4 lane divided road and McMillen Road, a future 4 lane divided roadway. Due to the findings of this study, a signal light would be required, which will be paid for by the developer. Myron Dornic, representing Walmart, addressed council stating that the appeal was based on the city's opinion that the tie vote held at the July 2, 2013 Planning and Zoning Commission meeting regarding this site plan was a denial based on a 3-3 tie vote. He noted that according to the meeting procedures for the Wylie Planning and Zoning Commission a tie vote would constitute no action being taken due to failure of the motion to pass. In addition, two council members spoke at the Planning and Zoning Commission meeting asking for denial of the site plan. Dornic noted the applicant objects to the impropriety of those council members speaking. Bill Dahlstrom, representing Walmart, addressed council stating that all criteria (13) under the Wylie Comprehensive Zoning Ordinance have been met or exceeded in the case of the site plan for Walmart. Minutes August 27, 2013 Wylie City Council Page 6 Citizen's Comments Residents of the Creekside Estates Development, adjacent to the proposed Walmart, spoke in opposition to the Site Plan approval. Council Action A motion was made by Councilwoman Culver, seconded by Councilman White to approve a Site Plan on behalf of Walmart Store #6078, being a portion of Tract 4 of Creekside Development within the John H. Mitchell Survey. Subject property generally located on the northeast corner of McMillian and McCreary. In addition, a signal light will be installed at the corner of McMillen and McCreary per the Traffic Analysis Study and paid for by the developer. 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 2013-32 and 2013-33 into the official record. WORK SESSION • Discuss the Report on Water and Wastewater Rates prepared by McLain Decision Support Systems (C. Holsted, City Engineer) City Engineer Hoisted addressed council stating that the Report on Water and Wastewater Rates was last updated on June 20, 2011. Since that time, the city has approved updates to the water and wastewater 10-year capital improvements plan, and the North Texas Municipal Water District has updated their proposed wholesale water rates. The report incorporates the new information and calculates the rates necessary to maintain 90 days of working capital as required by the city's financial policy. Hoisted introduced Robert McLain with McLain Decision Support Systems. McLain gave a short overview of the report including projected revenues and projected wholesale water charges from North Texas Municipal Water District over the next few years. McLain noted that the opinion of McLain Decision Support Systems was a financial plan that incorporates small annual increases as a more prudent fiscal plan. Mr. McLain recommended adopting a 3% increase in revenues, effective October 1, 2013. Direction from council was to concur with McLain Decision Support Systems and request staff to prepare a 3% increase in fees/revenues for future consideration by the council. RECONVENE INTO REGULAR SESSION Mayor Hogue reconvened into Regular Session. elm Minutes August 27, 2013 Wylie City Council Page 7 ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilwoman Culver, seconded by Councilwoman White to adjourn the meeting at 8:50 p.m. A vote was taken and the motion passed 7-0. Eric Hogue, M yo ATTEST: :1 C� Caro a Ehrlich,Ci ecretary VNtp PE JRA A°�° t ar 018870 SrAre of TEs Minutes August 27, 2013 Wylie City Council Page 8