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.
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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
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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)
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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.
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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.
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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.
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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.
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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.
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Wylie City Council
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